Tax Court upholds 2018 assessment of Jackson Co. property
Jackson County homeowners who claimed to be victims of an abusive tax assessment system could not convince the Indiana Tax Court that a 2018 valuation of their home was incorrect.
Court opinions
Articles
COA reverses for couple, against Noblesville in adverse possession dispute
The Indiana Court of Appeals has reversed in favor of two longtime Noblesville residents who exercised control over an abandoned railroad right of way for decades, finding the residents reasonably believed they were paying taxes on the right of way during a period of adverse possession.
Opinions Dec. 4, 2020
Indiana Court of Appeals
Warsaw Orthopedic, Inc., Medtronic, Inc., and Medtronic Sofamor Danek, Inc. v. Rick C. Sasso, M.D. (mem. dec.)
19A-PL-378
Civil plenary. Affirms the $112,452,269 verdict in favor of Dr. Rick Sasso on his complaint for breach of two contracts against Medtronic Inc., Medtronic Sofamor Danek Inc. and Warsaw Orthopedic Inc. Finds the Marshall Circuit Court did not err by denying Medtronic’s motion to dismiss over a jurisdictional challenge or by denying Medtronic’s claims that it was entitled to judgment as a matter of law regarding a screw agreement. Also finds the court did not err in granting summary judgment in favor of Medtronic on Sasso’s claim for punitive damages.
Appeals court upholds $112M damages judgment for Carmel spine surgeon
The Indiana Court of Appeals has upheld a northern Indiana jury’s award of more than $112 million for a Carmel spine surgeon who won a royalty battle against medical device manufacturers.
Opinions Dec. 3, 2020
Indiana Court of Appeals
Matthew Powell v. State of Indiana (mem. dec.)
20A-CR-1371
Criminal. Affirms Matthew Powell’s aggregate 15-year sentence for conviction in Fayette Superior Court of Level 4 felony dealing in methamphetamine and his habitual offender status. Finds Powell’s sentence was not inappropriate considering his character. Also finds Powell is not entitled to a sentence reduction pursuant to Indiana Appellate Rule 7(B).
Opinions Dec. 2, 2020
Indiana Court of Appeals
Brandon McFadden v. State of Indiana (mem. dec.)
20A-CR-1221
Criminal. Affirms Brandon McFadden’s 4½-year sentence with one year suspended for conviction of Level 5 felony domestic battery by means of a deadly weapon. Finds that the Lake Superior Court did not abuse its discretion in its consideration of aggravating circumstances.
Full 7th Circuit rejects federal execution appeal over mental capacity
In a 7-2 decision, the 7th Circuit Court of Appeals on Tuesday rejected a federal death row inmate’s request for an en banc rehearing after a panel of the court in October refused to stay his execution due to his claimed mental incapacity.
Opinions Dec. 1, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
USA v. Travis Barrett
19-2254
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Travis Barrett’s 97-month imprisonment followed by 10 years of supervised release. Finds that Barrett waived his challenge to Condition 31 of his proposed conditions of supervised release by not presenting it to the district court.
Divided justices affirm lookalike drug conviction in search dispute
A split Indiana Supreme Court has affirmed a man’s drug-related conviction after the Indiana Court of Appeals previously reversed in his favor, finding a search and seizure that resulted in his arrest proceeded within the bounds of the Fourth Amendment.
7th Circuit discusses supervised release appeals in child-porn case
The 7th Circuit Court of Appeals on Monday affirmed a man’s sentence after deciding to bring closure to a recurring issue faced in recent years regarding criminal defendants’ contentions about unconstitutionally vague conditions of supervised release.
Woman loses appeal of murder conviction over self-defense claim
The murder conviction of a woman whose voluntary manslaughter plea was rejected by a judge after the woman insisted she shot a man in self-defense was affirmed on appeal Monday.
Opinions Nov. 30, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Dennis Troyer v. National Futures Association
20-1422
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan L. Collins.
Civil. Affirms summary judgment in favor of National Futures Association and denial of Dennis Troyer’s motion for summary judgment. Finds that NFA Bylaw 301 is not applicable in this case.
Appeals court affirms mental health commitment order
A man who was found walking barefoot two miles from his home with glass in his feet was not wrongly ordered committed, the Indiana Court of Appeals ruled Monday.
Appeals panel upholds murder, attempted murder convictions
A man who was among a group of armed, masked people who entered a house around 3 a.m. on a November morning four years ago leading to a fatal gun battle lost his appeal of murder and attempted murder convictions Monday.
Split COA affirms denial of claim against hospital in case tied to killing
The widow of a man who was killed by his grandson after numerous mental health treatments lost an appeal of a ruling against her negligence claims against health care providers Monday.
Reversal: Court can’t deny mother visitation without hearing
A mother was wrongly denied her petition for visitation with her daughter who is the subject of a guardianship, the Indiana Court of Appeals ruled Monday. The appellate court remanded the case to give the mother her day in court.
In affirming murder conviction, judge sees double jeopardy ‘dilemma’
The 65-year sentence of a man convicted of murder was affirmed Monday on appeal, but a judge wrote separately to “address a practical dilemma facing appellate courts, lawyers, and litigants” after recent appeals revised longstanding double jeopardy caselaw.
Molest sentence, convictions reduced due to late amended charges
The sentence of a man convicted of child molesting was reduced and some of his convictions were vacated Monday by the Indiana Court of Appeals, which found the filing of top-level felony counts two weeks before the trial began was an abuse of discretion.
Investor loses appeal of ruling in favor of futures association
A derivatives investor whose longtime association with a trader soured before the trader was barred from dealing in commodity futures lost his appeal of a ruling in favor of the entity that regulates those traders.
High court blocks NY virus limits on houses of worship
With coronavirus cases surging again nationwide, the Supreme Court last week barred New York from enforcing certain limits on attendance at churches and synagogues in areas designated as hard hit by the virus.